Preliminary hearing in cruelty case

Pre-Preliminary hearings have been scheduled for two women from Wellston who were arrested as the result of an animal neglect investigation that began in March of this year and are facing 49 charges of animal cruelty.

Formal charges of cruelty to animals were filed in Lincoln County District Court on Aug. 17 against Lisa Zumstein, 60, and Madeline Zumstein, 20. Each faces the 49 felony counts.

They made their initial appearance on Aug. 17. Their pre-preliminary hearings are set for 1:30 p.m. Nov. 16.

Lincoln County Sheriff Sgt. Aaron Bennett has said at least 72 animals were rescued at the time of their arrest.

Bennett has emphasized, “In my 20 years of law enforcement this is the worst case of animal neglect I’ve ever seen.”

Bennett said 72 animals were rescued on July 26 as officers conducted their second search warrant within a week of the property located at 920028 S. 3370 Road in Wellston.

Among the animals rescued were six sheep, 13 goats, 29 horses and 22 cattle, actually 24 minus the two that had to be put down on the scene, Bennett stated.

Bennett, in a probable cause affidavit filed in the case, said the investigation began the morning of March 15 when Lincoln County Deputy Phil Bennett received information from Lincoln County Sgt. Tanner Hand regarding possible animal neglect at 920028 S. 3370 Road in Wellston.

Around 3:30 that afternoon, Deputy Bennett arrived at that property observing several baby goats running in the road and a large amount of trash in the roadway around the residence, according to the affidavit.

He reportedly observed a gray horse that looked unhealthy with ribs showing, that had not direct contact with feed or water, standing in a large trash pile that contained jagged metal, wire, chain link fencing, broken wood and other trash.

Deputy Bennett said as he walked around he saw no feed or water, only trash throughout the property.

Water buckets and barrels appeared mostly empty and/or knocked over with a few standing upright with some water in them, he noted.

The deputy tried to contact the property owner but was unable to, though he did contact Madeline Zumstein, the owner’s daughter.

Around 5 p.m., he received a call from Lisa Zumstein, the property owner and set up a time to meet to discuss the conditions of the animals.

Bennett met the following day with her to do an animal welfare check due to complaints and calls the sheriff’s office had received.

Sgt Aaron Bennett has stated people in the area had complained about the condition of the animals and their getting out and roaming around.

Deputy Bennett stated he visited with Lisa Zumstein and she became agitated and asked if she needed an attorney and he advised her it was her right if she wanted one.

Lisa allowed the deputy to see the animals’ condition after he had told her he was there to educate her, help her fix the situation and avoid criminal action.

He advised her she had around 120 animals on her land which was only 10 acres which is unsuitable to properly graze.

On March 23, Deputy Bennett mailed a certified 30day notice of compliance order of things that needed to be done.

He attempted to contact her on April 14 but was unable to do so and the property was still out of DEQ compliance. The animals showed no improvement and the living conditions appeared to be hazardous.

On May 29, Bennett received information about something being dead on the property. That person had told the deputy there was a decaying cow carcass in a pond. Bennett tried to make contact but was unable to do so.

On July 17, Deputy Bennett received further information that animals from the Zumstein property were going through a fence onto a hay field eating.

Two days later, he was dispatched back to the property about a dead cow lying east of a barn.

He found it and a dead baby sheep was observed under a shelter.

On July 20, around 4 p.m., Deputy Bennett along with Sgt. Bennett, Lt. Tony Long, Sgt. Larry Stover Jr., Capt. Chuck Brewer and Dr. Natosha Provence from the Chandler Animal Clinic served a search warrant on the property regarding the neglected animals.

Sgt. Bennett said 43 animals were checked and scored by Dr. Provence that day. Three animal carcasses, 2 cows and one sheep, were observed that day along with other remains scattered.

He reported that six days later, July 26, that Deputy Bennett, Sgt. Hand, Lt. Long and Sgt. Stover served another search warrant. Both the Zumsteins were arrested and taken to the Lincoln County Jail in Chandler without incident.

The sergeant said that Blaze’s Tribute Equine Rescue of Harrah, a non-profit organization, assisted officers on the day the animals were rescued.

“They did a fantastic job. There were multiple people who brought multiple trailers and we wouldn’t have been able to do this without them,” he has said.

“They did have to administer medication to one of the horses that survived.”